J. C. Blair Co.

National Labor Relations Board - Board Decisions

Jan 11, 1945

59 N.L.R.B. 1518 (N.L.R.B. 1945)

In the Matter of J. C. BLAIR COMPANY and UNITED CONSTRUCTION
WORKERS, AFFILIATED WITH UNITED MINE WORKERS OF AMERICA
Case No. 6-R-1065.-Decided January 11, 1945
Thorp, Bostwick, Reed and Armstrong, by Mr. C. Jewett Henry, of
Huntingdon, Pa., and Mr. Kenneth, G. Jackson, of Pittsburgh, Pa., for
the Company.
Messrs. Paul M. Northern and Lee E. Hoover, both of Huntingdon,
Pa., for the Union.
Mr. Louis Monas, of counsel to the Board.
DECISION .
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Construction Workers, affili-
ated with United Mine Workers of America, herein called the Union,
alleging that a question affecting commerce had arisen concerning the
representation of employees of J. C. Blair Company, Huntingdon,
Pennsylvania, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before W. G. Stuart Sherman, Trial Examiner. Said hearing was held
at Huntingdon, Pennsylvania, on November 30, 1944. The Company
and the Union appeared and participated. All parties were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues. The Trial Examin-
er's rulings made at the hearing are free from prejudicial error and
are hereby affirmed. All parties were afforded an opportunity to file
briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
J. C. Blair Company, a subsidiary of Western Tablet & Stationery
Corporation, is a Pennsylvania corporation having its principal office
59 N. L. R. B., No. 278.
1518
J. C. BLAIR COMPANY 1519
and plant at Huntingdon, Pennsylvania, where it is engaged in the
manufacture , sale and distribution of stationery supplies. During
the past year the Company purchased materials valued in excess of
$1,000,000, of which approximately 90 percent was obtained from
sources outside the Commonwealth of Pennsylvania. During the same
period the Company manufactured finished products valued in excess
of $1,000,000, of which approximately 85 percent was sold and shipped
to points outside that Commonwealth.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Construction Workers, affiliated with United Mine Workers
of America, is a labor organization admitting to membership em-
ployees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Field Examiner, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees-in the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Company and the Union are in agreement that the appropriate
unit should consist of all production and maintenance employees; in-
cluding truck drivers and their helpers, and watchmen, but excluding
all clerical employees 2 and supervisory employees. The sole dispute
between the parties relates to floorladies, whom the Union would ex-
clude on the ground that they are supervisory employees.
The record discloses that floorladies direct the work of as many as
50 to 60 employees. Among other responsibilities, it is their duty to
'The Field Examiner reported that the Union submitted 138 membership and authoriza-
tion cards, dated September , October, and November 1944, 137 of which bore apparently
genuine original signatures , and that there are 350 employees in the unit alleged to be
appropriate . At the-Clearing, the Union submitted to the Trial Examiner 26 additional
membership and authorization cards dated November 1944. The Trial Examiner stated
that they all bore apparently genuine original signatures.
2 The parties define clerfal employees to include all employees in the office , retail and
wholesale departments.
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1520 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
man machines with satisfactory workers and to carry out production
schedules. Generally they do not operate any machines. Under cer-
tain conditions they may transfer employees from one machine to an-
other, or to other departments. They are consulted by the foremen
regarding the rate of production, dependability, adaptability and
attitude of new employees in connection with progress reports. In
addititon, they attend supervisory meetings on occasion. We are of
the opinion that floorladies possess sufficient indicia of supervisory
authority to warrant their exclusion from the unit.
We find that all production and maintenance employees of the Com-
pany, including truck drivers and their helpers, and watchmen, but
excluding all clerical employees, floorladies and all other supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively recom-
mend such action, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the Di-
rection.3
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to. ascertain representa-
tives for the purposes of collective bargaining with J. C. Blair Com-
pany, Huntingdon, Pennsylvania, an election by secret ballot shall
be conducted as early as possible, but not later than thirty, (30) days
from the -date of this Direction, under the direction and supervision
of the Regional Director for the Sixth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to
Article III, Sections 10 and 11, of said Rules and Regulations, among
the employees in the unit found appropriate in Section IV, above,
9 The Union requested that it be designated on the ballot as its name appears in the
Direction.
J. C. BLAIR COMPANY 1521
who were employed during the pay-roll period immediately preceding
the date of this Direction, including employees who did not work dur-
ing the said pay-roll period because they were ill or on vacation or
temporarily laid off, and including employees in the armed forces
of the United States who present themselves in person at the polls,
but excluding any who have since quit or been discharged for cause
and have not been rehired or reinstated prior to the date of the elec-
tion, to determine whether or not they desire to be represented by
United Construction Workers, affiliated with the UMWA, for the
purposes of collective bargaining.